DOS 652.228-71 Worker’s Compensation Insurance (Defense Base Act) - Services. Basic (FEB 2015)

As prescribed in 628.309-70(b), the contracting officer shall insert the clause at 652.228-71, Workers’ Compensation Insurance (Defense Base Act) – Services, in solicitations and contracts for services to be performed outside of the United States when there is a reasonable expectation that offers will include covered contractor employees, as defined in 628.305(b). If the contracting officer is unsure as to whether offers will include covered contractor employees, the contracting officer shall insert the clause.

WORKER’S COMPENSATION INSURANCE (DEFENSE BASE ACT) - SERVICES (FEB 2015)

(a) This clause supplements FAR 52.228-3. For the purposes of this clause, “covered contractor employees” includes the following individuals:

    (1) United States citizens or residents;

    (2) Individuals hired in the United States or its possessions, regardless of citizenship; and

    (3) Local nationals and third country nationals where contract performance takes place in a country where there are no local workers compensation laws.

(b) The Contractor shall procure Defense Base Act (DBA) insurance directly from a Department of Labor (DOL) approved insurance provider. Approved providers can be found at the DOL Website at http://www.dol.gov/owcp/dlhwc/lscarrier.htm.''

(c)(1) Section 16 of the State Basic Authorities Act (22 U.S.C. 2680a), as amended, provides that the Defense Base Act shall not apply with respect to such contracts as the Secretary of State determines are contracts with persons employed to perform work for the Department of State on an intermittent basis for not more than 90 days in a calendar year. “Persons” includes individuals hired by companies under contract with the Department. The Procurement Executive has the authority to issue the waivers for Contractor employees who work on an intermittent or short-term basis.

    (2) The Contractor shall submit waiver requests to the contracting officer. The request shall contain the following information:

        (i) Contract number;

        (ii) Name of Contractor;

        (iii) Brief description of the services to be provided under the contract and country of performance;

        (iv) Name and position title of individual(s);

        (v) Nationality of individual(s) (must be U.S. citizen or U.S. resident);

        (vi) Dates (or timeframe) of performance at the overseas location; and,

        (vii) Evidence of alternative worker’s compensation coverage for these employees (e.g., evidence that the State worker’s compensation program covers workers on short-term foreign assignments).

    (3) The contracting officer shall provide to the Contractor the original of the approved or disapproved document and maintain a copy in the contract file.

(End of clause)

NONE

Prime’s Interest;
Supplies ✖ Domestic ✖ (Applies to solicitations and contracts for services to be performed outside of the United States when there is a reasonable expectation that offers will include covered contractor employees, as defined in 628.305(b).)
✔ +52.228-3 Basic

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States.

52.225-26 Contractors Performing Private Security Functions Outside the United States.

52.228-3 Workers’ Compensation Insurance (Defense Base Act).

52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas.

252.225-7027 Restriction on Contingent Fees for Foreign Military Sales.

252.225-7039 Defense Contractors Performing Private Security Functions Outside the United States.

252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States.

252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States.

252.228-7000 Reimbursement for War-Hazard Losses.

252.228-7003 Capture and Detention.

252.229-7015 Taxes—Foreign Contracts in Afghanistan (North Atlantic Treaty Organization Status of Forces Agreement).

252.232-7011 Payments in Support of Emergencies and Contingency Operations.

252.232-7014 Notification of Payment in Local Currency (Afghanistan).

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations

5152.225-5902 Fitness for Duty and Medical/Dental Care Limitations

5152.225-5904 Monthly Contractor Census Reporting

5152.225-5907 MEDICAL SCREENING AND VACCINATION REQUIREMENTS FOR CONTRACTOR EMPLOYEES OPERATING IN THE CENTCOM AREA OF RESPONSIBILITY (AOR)(JUN 2015)

5152.225-5908 GOVERNMENT FURNISHED CONTRACTOR SUPPORT (JUN 2015)

5152.225-5910 Contractor Health and Safety

5152.225-5915 CONTRACTOR ACCOUNTABILITY AND PERSONNEL RECOVERY

5152.247-5900 Inbound/Outbound Cargo and Contractor Equipment Census

5152.229-4013 TAX EXEMPTION, SPECIAL EXCISE TAX, REPUBLIC OF KOREA

5152.225-5914 Commodity Shipping Instructions

5152.236-5900 Electrical and Structural Building Standards for Construction Projects

5152.222-5900 Prohibition Against Human Trafficking, Inhumane Living Conditions, and Withholding of Employee Passports

5152.225-5900 Arming Requirements and Procedures for Personal Security Services Contractors and Requests for Personal Protection

5152.225-5901 Armed Personnel Incident Reports

5152.225-5903 Compliance with Laws and Regulations

652.228-70 Defense Base Act – Covered Contractor Employees.

652.229-71 Personal Property Disposition at Posts Abroad.

752.228-3 Worker's compensation insurance (Defense Base Act).

752.228-70 Medical Evacuation (MEDEVAC) Services.

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